Federal Register - May 18, 2021
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Fuente: Federal Register
26844
Federal Register / Vol. 86, No. 94 / Tuesday, May 18, 2021 / Rules and Regulations
The revisions also update language;
renumber chapters; and make minor wording changes. The changes do not substantively change any existing statutory or regulatory requirement or impact the stringency of the SIP or air quality, do not revise emission limits or procedures, nor do they impact the States ability to attain or maintain the National Ambient Air Quality Standards.
This final rule is effective on June 17, 2021.
DATES:
The EPA has established a docket for this action under Docket ID
No. EPAR07OAR20210171. All documents in the docket are listed on the https www.regulations.gov website. Although listed in the index, some information is not publicly available, i.e., CBI or other information whose disclosure is restricted by statute.
Certain other material, such as copyrighted material, is not placed on the internet and will be publicly available only in hard copy form.
Publicly available docket materials are available through https
www.regulations.gov or please contact the person identified in the FOR FURTHER
INFORMATION CONTACT section for additional information.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
William Stone, Environmental Protection Agency, Region 7 Office, Air Quality Planning Branch, 11201 Renner Boulevard, Lenexa, Kansas 66219;
telephone number: 913 5517714;
email address: stone.william@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document we, us, and our refer to the EPA.
Table of Contents I. What is being addressed in this document?
II. Have the requirements for approval of a SIP revision been met?
III. What action is the EPA taking?
IV. Incorporation by Reference V. Statutory and Executive Order Reviews
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I. What is being addressed in this document?
EPA is amending Nebraskas SIP to include revisions to title 115 of the Nebraska Administrative Code. The EPA
is approving revisions to the Nebraska SIP received on September 24, 2020.
The revisions are to Title 115Nebraska Rules of Practice and Procedure. These revisions are described in detail in the technical support document TSD
included in the docket for this action.
The EPA solicited comments on the proposed revision to Nebraskas SIP, and received no comments.
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II. Have the requirements for approval of a SIP revision been met?
The state submission has met the public notice requirements for SIP
submissions in accordance with 40 CFR
51.102. The submission also satisfied the completeness criteria of 40 CFR part 51, appendix V. The state provided public notice of the revisions from February 28, 2019, to April 2, 2019, and held a public hearing on April 3, 2019.
The state received no comments. As explained in more detail in the TSD
which is part of this docket, the SIP
revision submission meets the substantive requirements of the Clean Air Act CAA, including section 110
and implementing regulations.
III. What action is the EPA taking?
The EPA is taking final action to amend the Nebraska SIP by approving the States request to revise Title 115
Nebraska Rules of Practice and Procedure. Approval of these revisions will ensure consistency between state and federally-approved rules. The EPA
has determined that these changes will not adversely impact air quality.
IV. Incorporation by Reference In this document, the EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference of the Nebraska Regulations described in the amendments to 40 CFR part 52 set forth below. The EPA has made, and will continue to make, these materials generally available through www.regulations.gov and at the EPA
Region 7 Office please contact the person identified in the FOR FURTHER
INFORMATION CONTACT section of this preamble for more information.
Therefore, these materials have been approved by the EPA for inclusion in the State Implementation Plan, have been incorporated by reference by EPA
into that plan, are fully federally enforceable under sections 110 and 113
of the CAA as of the effective date of the final rulemaking of the EPAs approval, and will be incorporated by reference in the next update to the SIP compilation.1
V. Statutory and Executive Order Reviews Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable Federal regulations.
42 U.S.C. 7410k; 40 CFR 52.02a.
Thus, in reviewing SIP submissions, the EPAs role is to approve state choices, 1 62
PO 00000
FR 27968, May 22, 1997.
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provided that they meet the criteria of the CAA. Accordingly, this action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action:
Is not a significant regulatory action subject to review by the Office of Management and Budget under Executive Orders 12866 58 FR 51735, October 4, 1993 and 13563 76 FR 3821, January 21, 2011;
Does not impose an information collection burden under the provisions of the Paperwork Reduction Act 44
U.S.C. 3501 et seq.;
Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act 5
U.S.C. 601 et seq.;
Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 Pub. L. 1044;
Does not have Federalism implications as specified in Executive Order 13132 64 FR 43255, August 10, 1999;
Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 62 FR 19885, April 23, 1997;
Is not a significant regulatory action subject to Executive Order 13211 66 FR
28355, May 22, 2001;
Is not subject to requirements of the National Technology Transfer and Advancement Act NTTA because this rulemaking does not involve technical standards; and Does not provide the EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898
59 FR 7629, February 16, 1994.
The SIP is not approved to apply on any Indian reservation land or in any other area where the EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications and will not impose substantial direct costs on tribal governments or preempt tribal law as specified by Executive Order 13175 65
FR 67249, November 9, 2000.
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the
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